Two men charged in scheme involving HIV medication fraud

Two men charged in scheme involving HIV medication fraud
Jay Clayton, U.S. Attorney for the Southern District of New York — Department of Justice
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Two individuals, Josue Torres and Anthony Guerra, have been charged with orchestrating a scheme to fraudulently obtain high-cost medications for HIV and other illnesses. The charges were announced by the United States Attorney for the Southern District of New York, Jay Clayton, alongside Christopher G. Raia, Assistant Director in Charge of the FBI’s New York Field Office.

According to the unsealed complaint, Torres and Guerra are accused of using stolen identities of medical practitioners and their patients to issue fraudulent prescriptions. These prescriptions were used to acquire medications which were then allegedly sold on the black market.

“As alleged, the defendants stole the identities of doctors and patients to convert valuable, life-saving medications into a source of illicit profits,” stated U.S. Attorney Jay Clayton. He added that such actions undermine healthcare integrity and patient safety.

FBI Assistant Director Christopher G. Raia commented on the operation: “Josue Torres and Anthony Guerra allegedly procured and resold hundreds of illegitimate prescriptions through unauthorized access to pharmaceutical databases.” He emphasized that the FBI is committed to apprehending those who exploit private medical information for profit.

The scheme reportedly began around August 2021 and involved approximately 693 fraudulent prescriptions issued from about 18 targeted practitioners. These prescriptions amounted to roughly $2,638,581 in value.

Torres accessed e-prescribing platforms using unauthorized information from certain physicians, leading to fraudulent prescriptions being issued for individuals who did not need them. Copay assistance programs were exploited to secure reduced copay amounts for these medications.

Both Torres, 45, from Brooklyn, New York, and Guerra, 37, from the Bronx, New York, face charges including conspiracy to commit wire fraud and health care fraud—each carrying a potential maximum sentence of 20 years—and aggravated identity theft with a mandatory minimum sentence of two years.

This case is part of a broader nationwide law enforcement action targeting health care fraud schemes involving over $14.6 billion in false billings. In this coordinated effort across various states, charges have been filed against 324 defendants with significant asset seizures reported.

Assistant U.S. Attorney Henry Ross will lead the prosecution as part of the Office’s General Crimes Unit. The charges remain allegations until proven otherwise in court.



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